Mortgage Options for Former Debtors
In the past, traditional mortgage lenders automatically rejected people who had declared personal bankruptcy. Many potential homebuyers felt they must wait at least seven to 10 years after a bankruptcy to be eligible to become homeowners. Most financial and legal
Cram-a-lot The Quest Continues
It comes as no surprise that there has been a sense, mostly among members of Congress, that debtors who choose chapter 13 are more dedicated to repaying their creditors than those who choose chapter 7. Before enactment of the Bankruptcy Abuse Prevention and Consumer
The Coming Exodus of Consumer Counsel
As H.R. 975, the "Bankruptcy Abuse Prevention and Consumer Protection Act of 2003" (the Act), inches toward almost inevitable enactment, two questions are on the minds of many bankruptcy professionals. First, why single out consumer debtors and not all individuals for
Market Rate of Interest - Now What
Some have described the term "Market Rate of Interest" as being similar to pornography: You can't define it, but you know it when you see it. The courts have been struggling with the application of market rate of interest to undersecured claims since the Sixth Circuit
Reaffirmation or RedemptionThe Only Alternatives
While the National Bankruptcy Review Commission (NBRC) is considering wholesale changes to reaffirmation procedures, including what debts can be reaffirmed, [1] it is imperative that Congress resolve a split among the circuits over the issue of whether the debtor can
Automatic Termination of the Stay upon Second Filing under 362(c)(3) Are Two Strikes an Out
Three strikes and yer out!" 1 That quintessential American idiom is now codified in the Bankruptcy Code with the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). Should a debtor file a third petition for relief after two
You've Got Mail: Is E-mail Noticing Too Much of a Good Thing?
Case Management/Electronic Case Filing (CM/ECF) implementation in the bankruptcy courts has been underway since early 2001. Currently, approximately 61 courts are operational, with more scheduled to become activated each month. With the advent of CM/ECF come some